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  1. actually, the more i think about it, i couldnt sue for anything based on the contract for the same reason that cant sue me. its past SOL. their response would just be its time-barred. they can just ignore everything. I have to validate the debt, this is all hypothetical not even sure what this is for.
  2. im very familiar with arbitration, ive done 6 of them 1 almost to the end. the FAA applies on how the arbitration is conducted once it starts, Utah law is not relevant to issues specific to florida. the enforcement and filing is in the appropriate court for the issue. been there and done that.
  3. im not even sure what it is yet, it very well could be a zombie debt from a long time ago. arbitration is a contractual obligation, not a federal law. ive had it enforced before in small claims as well as state court. if it is what i suspect, then the contract provision specifically states these types of activities are able to be arbitrated.
  4. Thank you for your reply. I should have clarified, i would do it under the state FCCPA (florida's FDCPA) to keep it in the florida courts. (Ive done this before). But you answered the question that they own it now (once i dispute it ill know for sure). I was thinking i would file JAMS. if no response, file a case with a motion to stay proceedings pending arbitration. If still no response or JAMS closes it due to no response, then motion for a summary judgment. dont forget, there is NO tradeline for this account on any of the CRA's from synchrony, just a collection account now. so im still not sure what it really is, this may be something totally different. Im only guessing its JCP because of the amount. Im not worried about being sued or legal fees, I am non-collectable, and that has been proven in court with other cases. Ill know more once i dispute it.
  5. I searched but could not find an answer anywhere to this circumstance, so I figured i would ask. I have a JDB collection appear today for $650 from JHPDE FINANCE I, LLC for a synchrony bank (JCPenny?) account I believe it is from an old JCPenny account from more than 5 years ago, based on the amount. There is no trade line on the report for this from synchrony, so i am guessing from the amount thats what it was from. (or it really isnt mine) I have not received any dunning letter from this company ever and they put the ding on the CRA's because of its age, it is past the SOL for them suing me. (in FL, 4 yrs for store cards, 5yrs for others. this is past both if it is the account im thinking of). also the fall-off date is in less than 2 years. What i am thinking of doing (After validating where the debt is from/disputing etc), is taking the JDB buyer to arbitration over FDCPA violations. the JCP arbitration agreement allows for this. The quesiton is, what is the right procedure. First off, i have taken 6 collections to arbitration in the past (and got all of them dismissed in my favor), however, this would be the first time i would be the one initiating it. I assume i would do something like: 1) file small claims case for FDCPA violations. 2) file motion to compel arb. 3) file with JAMS. now, since they have probably bought the debt, do i include synchrony bank in the lawsuit or is it all the JDB since they now own it. (FYI: there is a survivability clause in the contract) OR can i just file with JAMS (not the court) against the JDB? Thanks for your help!
  6. Im working on getting a couple small medical collections off my reports using WhyChat method (3 of them, $50 or less, just overlooked) Im having trouble getting the actual account number from the reports. I got them through annualcreditreport.com (I also have myfico.com) , but even on there, all of the 3 bureaus have the masqueraded account numbers 1234XXXXXXX how on earth do you get the actual acct number? or is it ok to do whychats method with 1234XXXXX?
  7. Few years ago, I was sued by Hyat Hyat and landau on behalf of BofA (credit card, default judgment - 11K) They sent an offer to settle for 60%. I want to counter offer, however i am concerned about them re-aging the debt if i send them an offer. Is there a proper way to write a counter offer without causing jeopardy to the reporting/aging? I am not concerned about them being able to collect. They have already tried to garnish wages and levy bank account, but in each case, the judge ruled in my favor for exemption. State is Florida. judgement was in 2018. sometime in 2016 was last payment. So there is only a couple years left to stay on the CR. The reason i am considering it, is they did have the judgment certified and it appears on a title search. I am not looking to sell/refinance or anything, but i would like to settle to get it off. So basically, i would prefer to settle it, lump sum, especially since they pretty much know its non-collectable, i want to see if i can get it lower. too high, and id rather wait it out.
  8. i am starting to think it is a mistake with the title report company. i looked it up on the county records, and i found the record. its shows "0" owed under consideration (where it would show what was outstanding) in fact, it came up with another judgment, same thing, credit card(discover), and it also show 0. (and that one did not come up on the title search). I really think they made a mistake (the underwriter is calling the title company now, as he saw it with his own eyes)
  9. hi So we are looking to cash-out refinance our home. the title report came back with a Lien from bank of america for a default judgment on my wife for a credit card debt. We are in Florida, the property is jointly owned (husband/wife tenancy by entiretys), homesteaded. The credit card debt was individual (her). This should never happen. here is where it gets weird. the judgment was for $11K with court costs of $350. the lien is for $350. I called and talked to 2 attorneys, and they both had no clue. they also said this shouldnt happen and they have never ever heard of it happening. the law firm for the suit was Hayt. HAyt and landau. Anyone ever hear of this? and how can i get it resolved? I dont have a prob paying the $350, but clearly not the 11K. (the judgment is not-collectable for us) Who would i even talk to? (This is from 2+years ago) on a sinister note: Could this be a ploy they use to see if a debtor is going to come into money? (IE: common reason to need it off is refinance!)
  10. this is for my daughter and her husband Daughter unemployed - 675 credit score. husband - 565 credit score, $30K income. house they are looking to buy: $170K Downpayment $50K. (daughter has a trust fund that is maturing) so they need her money, his income. any idea of any broker that can find an underwriter for this? Credit profiles her: one 5 year old charge off from capital 1 ($500) one credit cart, 0 balance no lates or anything. Credit line is 5 years old. his: student loan 7K. had late payments this is whats hurt his score. its in deferment now for a year. one new store card (wedding ring purchase), no lates but only 5 months old. so the total debt is under 10K, which they could pay off at closing if needed. any help would be appreciated!
  11. also, is there a place to get your credit reports that gives a deal for husband/wife?
  12. i didnt think about the authorized user, she has a cc in excellent standing and probably 5+ years old] i will see his report later, she is getting it and bringing it over how hard can it be to get up 40-50 pts from there?
  13. hi my daughter and new husband are looking to purchase a house. problem is with income and his credit. her credit is 680-710, his is 560-570. she does not have a job, however, she has a trust fund that she will be able to get about $60K out for a downpayment (in september). he is a manager at walmart, for last 5+ years. qualifying with just his income shouldn't be a problem. (looking for a 120-150K house, payment estimated around $450/month with tax/insurance) i havent seen his credit report yet, but from what he says, he should only have 2 items on it. a credit account for a jewelry store for wedding ring. (approx $2000, $1000 remaining) Student loans (hence the problem) was in default, but is paying. not sure on the amount yet. so, we need to get credit score up to 620 or better. paying off ring (never late payment), is an option. possibly paying off the student loans (not sure how much yet) but not sure if that will raise or lower. any advice on how to proceed?
  14. JDZ first, i am not being rude, I'm just asking questions. if you look at my profile, you will see I've been on the is forum for almost 10 years now. when i started, my FICO was under 500, now i am at 820. I am not an attorney, but I've taken all 3 CRA's to court, and won. multiple CA's to court pro-se and won. that said I think i have a little experience than most people here. and questioning any information obtained on an internet forum is just prudent. My lawyer has a saying.. there's right, there's wrong, and there's legal... all three are very different. What I'm trying to find out is what the legal limits this CA has, and if this debt has any special reporting considerations. which hopefully someone on this forum has experienced before my concern is this CA is charging $400 extra on a $600 debt as "fees", which i believe is illegal in FL as well, in fact, in court, that is NOT allowed in florida (Ive tried to do it before). so going to court would be cheaper. my daughter NEVER signed anything. in fact i've asked the school to produce her signature and they can't. the fact is it was suppose to be a pell grant that was already approved, but because of the school's incompetence and poor advice, they didnt get the funding in time and gave her wrong advice. the question i asked, even if there is no SOL, does it still fall under the CRA ruled for reporting, IE 7 years. and their collection efforts are limited to the state level, which i believe it is, which means in MY state, they cant do anything anyway except harass for the debt. i found many times, sending a cease notice, forces them to send the debt back to the original creditor (or sell it off) as there is nothing they can do with it. believe it or not, that is sometimes an excellent way to get it removed. i had several debts i ceased, and they bounced between 4 creditors. by the 4th creditor, the couldnt produce the documents, so i sued and won. and had it removed. remember, there's right, there's wrong, and there's legal... what i have done may not have been "right", but it was "legal", i had several debts that should have been on my report for years, and i had them removed within a year. the fact is, even if my daughter paid this tomorrow, its still on her CR for years to come. there are other options.
  15. i think i found some more information. it appears that they can only take the federal return if it is federal related (IE: student loan default).. No CA can do this, only the Dept of Ed. they COULD intercept a state tax return. i have found multiple references to people getting their state tax taken, but not federal. here in florida, we are one of only a few states with no state income tax, so that option doesnt exist. i have still not found a single reference to a state level debt (no federal money involved, only state) to have a tax return taken, or for anything to become of it except for the college not releasing transcripts and/or not allowing future admission. can anyone point me to anything that says different?
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